New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-03
WILL THE INDICTMENT BE DENIEDi


MR. HAEr's COURSE IN THE MATTER CRITICISED =
HAS KIsSANE REFORMED!
Recorder smyth did receive yesterday the written
proof of authority which he had asked b. Hart. who
declared himself the counsel for William kssano TO pro-
ducc a evidence that he the chosen attorney for tho
man who once bore the of kissane. but who is
living rich and respected. under another name in san
Francisco THE Recorders caution is warranted
said an official who is acquainted with every step
which has been taken. Mr. Hart is not apparently
well kuown here. lie comes alone without introduction
10 the officials here lie is member OF the bar of
this state and his application TO the Recorder has been
usunpOrted by single affidavit. one Of the many sing
uar thing remarkable is this application made
in the way which has been. Every lawyer xperencet
in criminal law would know that the indictment was
practically ont OF existence by lapse OF tine. and by tho
fact that the defendant had been sentenced aud
pardoued. No Distrct-Attorney would ever think OK
moving the indictment for trial aud no Judge
would allow q trial under the circumstances.
III nothing had been done by the friends
or assumed friends OF Kissane the indictment and al this
long hidden history would have been.as deeply buried as
they nave for many years While it is true that
person deposition OF the san Francisco man who once
WAS sentenced iliam Kissanc might for sentimental
reasons wish TO ret rid of the indictment. does It not
seem probable that acting the advice as he Is said
20 do OF sharp Francisco lawyers lac would nave
consulted some experienced and weltknown New York
lawyer Mr.. Hart came into court and made motion
stood at the the Indictment The District Attorney
is the only person authorized that noe proscqui
be entered All that the defendant could properly ask
was that he might be discharged on his own recognLance,
and Kssanc has certainly been at large long enough
without bail IL eXtre mely strange that kssane
should not proceed with greater caution and secrecy
he really the nstgaor of this action Of Mr. Hart IL
is hard 10 suppose however that person, unless ho
were A relative under an assumed name or moved by
some other strong motive woId take 1t on himself To en-
deavor to have indictment disposed off,
Though Recorder Smyth did not state on Friday what
he proposed to do doubt is felt by persons IA
miliar with the practice In such cases that
he will grant District Attorneys motion aud nollo
prsean the indictment when he becomes satisfied that
the application is made In good faith by person duly
accredited TO act for the accused The crimes men
toned In the indictments were committed at tho
same time and against the samo institution; the Re
corer had both indictments before him when he SON
fenced the defendant aud the Gus ON Is III ch cases or
tie Judge the fact that the dcicniah j. ac-
cused of other crimes III nXing tue term oil bprlsoh-
The pardon by the Governor, also. while IL nishs
refer strictly only indictment caret WIN IL tho
moral weight OF pardon for all the offences OF the same
character occurring at the same time ana Tor winch
charges were then pending.
MR. HARI's EFFORTS FOR KIssANE.
It's not generally that the attempt to secure
final OF the indictment first made nearly
a year ago j. b. Hart. who appears counsel for
Kissane has several visits TO this city, and has
tried to obtain aid OF officials iu quietly getting rid Of
the The earnestness which he has shown has
been surprising Sometimes tears would stand In his
eyes spoke Of the situation Of the in California
respected rch the centre Of happy home. yet with
this charge still lying against him. He Is fully acquainted
with the facts OF the whether ho or Is not fully
credited He has In his letter which
lawyers representing the Chemical National Bank wrote